A defendant is the person who is accused of committing a crime. It’s not unheard of for people to be unfairly accused, and it can take years before they’re found innocent in court. This article will explore what happens when someone is arrested and charged with a crime; what rights defendants have; how judges make decisions; what sentence might be imposed; and lastly, whether you should hire an attorney if you are charged with a crime.
What Is “Defendant?”
In the United States, a defendant is a person accused of committing a crime. In criminal law, common law jurisdictions have used the term ‘defendant’ as one of the accusative terms for those charged with criminal offenses; not yet convicted or found guilty.
The term has become more specific only in the English-speaking countries because it is mostly used to refer to “he who defends himself.” Also known as ‘self-defender.’ A corresponding word in Latin derived from an ancient Greek word meaning “scholar” or “expert.”
What Should You Do If You Are Accused of a Crime?
If you are not arrested, then it is possible that they will just want to question you. Often, this is done by phone or in the police station. Sometimes the person who accuses you can be convinced to withdraw their complaint.
If you are arrested after being accused of a crime, they usually have enough evidence for an arrest so you are more likely to be jailed until your trial or bail is set. This process may take weeks or months if they have not yet sorted through all of the evidence and questioned witnesses. You may be released on bail before your trial which means that there will only need to be one point where we present our side of the story: at your trial.
What Rights Do Defendant Have?
Defendants have many of the same rights as the prosecutor, including the following. They may request to know what type of charges they are being accused of. They have a constitutional right to be present at arraignment, during grand jury proceedings, or any time evidence is being used against them in trial.
Defendants can refuse to speak without consequence for their defense; however it is often better for defendants to speak with investigators because some cases depend on defendants’ statements and some contradictory statements can result in an arrest warrant.
Defendants are given opportunities before sentencing which include parole eligibility (if incarcerated). Sentences vary based on case factors like severity of crime and mitigating circumstances. If found not guilty, then no sentence is imposed.
How Do Judges Decide?
Judges weigh evidence thoroughly and interpret law to make decisions. Determinations, like the guilt or innocence of a defendant, are then pronounced publicly in court to allow for transparency and accountability.
The power vested in judges emerges precisely from this complex but delicate process that culminates into the handing down of justice. Judges determine guilt according to procedure prescribed by law so no one can expect special treatment because of who they are or who they know.
Should You Hire an Attorney?
For anyone who has been accused of a crime, it is important to have legal representation when faced with the need to defend themselves in court. If you are not an attorney yourself, it can be difficult to determine what information you need for this type of defense and how to go about building your case. Here are some tips on how attorneys can help you through the criminal process after being charged with a crime.
You can check here for more information about the United States Law.
